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Builder Pitches 'Dense' Proposal For Billerica Billerica - Developer Eli Pechthold, of Garden Homes, is proposing a 648-unit rental complex on a 50-acre parcel on Rangeway Road. Pechtold has not filed any plans with the town for the project, named Aspen Apartments at Rangeway Road, but has filed with the Massachusetts Housing Partnership requesting eligibility to participate in the agency's Permanent Rental Financing Program. Under the program, the developer would be eligible for a 20-year fixed-rate permanent first mortgage loan of up to $15 million. To qualify, 25 percent or 162 units of the complex must be affordable to families earning 80 percent of the median area income, provided that the maximum allowable restricted rents are at least 10 percent below comparable market rates. That affordable-housing deed would remain in effect for 30 years. The MHP has requested comments from selectmen by mid-June. The board will vote on the contents of that letter at its June 2 meeting, but did begin preliminary discussions last night, citing concerns regarding the traffic at the intersection of Rangeway Road and Route 129, the ability of the town's water and sewer infrastructure to accommodate such a large project, and the impact the project will have on the school system. "This is a community in itself," said Selectman Marc Lombardo. "This is a very dense project. I think it is too much. Six hundred and forty-eight units on 50 acres is just ridiculous." Sun Endorses Lombardo For Selectman At a time when some communities are struggling with political apathy, Billerica residents are fortunate to have four concerned candidates vying for two seats on its Board of Selectmen and three running for two spots on the School Committee. Three years ago we were intrigued by Marc Lombardo's candidacy but concerned about his lack of experience on town boards. He won a seat in the 2005 election and has thus gained three years of experience. We appreciate that he listens to residents -- even if we don't always agree with his stances -- and is a strong voice for fiscal prudence. In these difficult financial times, the town needs someone who will fight to keep the purse strings tightly closed. The Sun endorses...Marc Lombardo for the Billerica Board of Selectmen. Selectmen Approve Interim Town Management Team Billerica, Mass. - Selectmen unanimously voted in Town Assessor Rich Scanlon and Library Director Barbara Flaherty as interim town manager and interim assistant town manager at a special meeting held at noon on Feb. 19. Also voted in was Paul Watson as town accountant, who was not present at the meeting. Discussion regarding the review of the compensation packet submitted to the board by Flaherty, Scanlon and Watson opened the meeting. Vice-Chairman of the Board of Selectmen Marc Lombardo made a motion to decrease the amount of the stipends by $300 and $500, saying that proposed stipends of $700 and $750 were extremely high. His motion failed, but was debated by other members of the board. “You can’t just do status quo,” said Selectman Kathy Matos. “We’re going to take care of business.” Chairman Michael Rosa pointed out that, although the stipends were set for an 18 hours per week position, he was confident the workload would take longer than 18 hours. Selectman Robert Correnti applauded Flaherty and Scanlon for stepping up and pointed out how active they were in town. A motion passed setting the stipends at $700 per week for Flaherty and Scanlon and $300 per week for Watson. The management team will step into office effective Feb, 29, which is outgoing Town Manager Rocco Longo’s last day. Scanlon’s appointment only lasts for three months, after which he can work for another three if he wishes. Barbara Flaherty, a town resident, has been the Billerica Public Library Director since July 1980. She will continue in her duties while she and Scanlon split time at the manager’s office. She anticipates that her first order of business will be to get up to speed on the budget. As assistant town manager, Flaherty will be involved in the personnel and resident issues as well as the day to day operations. “But I will still be involved with the financial too,” said Flaherty. She and Scanlon have been working closely with Longo over the last 10 days as he has been getting them up to speed on all the issues. Rich Scanlon, also a resident of Billerica, has been the town assessor for 15 years. He feels that he and Flaherty are not going to make any big changes initially. He anticipates focusing on the budget and Town meeting. Although they will be a team, Scanlon will work on the DPW and finance end of business. “We’re just going to keep the boat afloat,” said Scanlon, who proposed the dual position with Flaherty. “I wouldn’t do it without Barbara. It’s really the best way to go about doing it. Over 100 Attend Campaign Kick-Off Over 100 supporters braved the snow to attend Marc's Re-Election Kick-Off event, held at Chung King (Rick's Café) in Billerica Center on Saturday, February 9. A silent auction, drinks, plenty of great food, and good conversation made for a perfect evening. Read more Selectmen Want Answers From Power-Plant Builder Billerica - Selectman Marc Lombardo has questions about the $200 million 348-megawatt Billerica Energy Center proposed for North Billerica and he wants them answered sooner rather than later. "It is the job of the Board of Selectmen to have a vision for this community," said Lombardo. "I never envisioned a power plant for my community." Following an hour of discussion led by Lombardo Monday night, the board unanimously voted to send a copy of the letter they had submitted to the Northern Middlesex Council of Governments (NMCOG) in October to power-plant developer DG Clean Power, requesting that all of the questions in the letter, ranging from security to health concerns, be answered in writing within 14 days of receipt of the letter. "We do plan to respond, using the final EIR (Environmental Impact Report) as our format," DG Clean Power CEO Joseph Fitzpatrick said yesterday. "I already committed to the selectmen on Nov. 30, through the Town Manager, that we would have those responses when the final EIR is complete. I have no idea why this is coming up now." He said the final EIR is expected to be complete in February or March. "If (Lombardo) is frustrated with the schedule, he should ask Ed Camplese (founder of Billerica Watchers, a citizens group opposed to the power plant) what took the Siting Board hearings so long," said Fitzpatrick, adding that the extensive three-month Energy Facility Siting Board process in Boston has slowed the completion of the EIR. The Billerica Watchers had petitioned for and were granted intervenor status during the hearings. "We spent two or three months responding to an unprecedented 400 interrogatories from the Billerica Watchers and we are only one month out of that process," he said. Lombardo made it clear Monday night that he does not want to wait any longer. "I think as a town we need to get in the door and find out what their plans are," he said. "The longer we wait, the longer we will fall behind." His colleagues, as well as Town Manager Rocco Longo all stated that the permitting process is lengthy and has not yet made it to the local level. "I know my opinion is not popular, but I am thorough and waiting for the final report to come in," said Selectman Kathy Matos. "I am not completely opposed to it." Lombardo outlined a number of concerns, including Fitzpatrick's statement at the EFSB hearing that town officials "encouraged" the company to pursue the site owned by Baker Commodities off of Billerica Avenue. Selectman James O'Donnell, a member of the Economic Development Committee said, "We are not there to encourage or discourage. We are there to listen to the proposal." In 2006, state Rep. William Greene sent a letter to the EFSB disputing Fitzpatrick's statement that he had encouraged the project. However, yesterday Fitzpatrick pointed to a quote Greene gave to the Boston Globe in December 2006, two months after they had met. "I haven't heard any really strong objections, and I tend to listen for them very carefully," Greene told The Globe. "It isn't a bad spot, and it would be a big boon for the tax base if it goes through." Lombardo railed against siting the plant in Billerica, saying the greatest need for additional electricity in the region is southern Connecticut. "That is true, but the second greatest need is in eastern Massachusetts," said Fitzpatrick. "This power grid will be in trouble as we reach 2009 and 2010." Questions Remain On Power Plant After reading Joseph Fitzpatrick's letter "Energy plant deserves support" in The Sun on Nov. 13, we felt it necessary to reply. Given that Mr. Fitzpatrick, CEO of the company developing the plant, has publicly asked for support for this project, we hope the proponents would be willing to publicly answer some of the questions we share with our constituents. The letter from Mr. Fitzpatrick states that the proposed plant will, "provide a reliable source of back-up power for the region during periods of high electrical demand." Perhaps the proponents of this plant could further explain exactly what "region" will be served by this plant. Could they offer more information to the citizens of Billerica on the relationship between the plant and ISO-NE, an independent, not-for-profit corporation which acts as a transmission organization serving the states of Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, and Vermont? This plant is a stand-by plant that can be called on by ISO-NE, to run any time day or night to meet energy demands, not just during summer heat waves, in places as far away as Southern Connecticut. Mr. Fitzpatrick's letter also says, "The Billerica Energy Center is designed to have minimal impact on the environment and the community." However plans for the plant include six 80-feet high and 16-feet wide stacks, and the proponents' own research states that they will emit 428,777 tons of CO2, 41 tons of particulates (the most harmful type of emission for those suffering from asthma, cardiovascular and respiratory disease, and lung disease) and 44 tons of NOx per year. Have independent, comprehensive studies, using data collected in Billerica, been conducted to determine what effect these pollutants will have on our air quality? Mr. Fitzpatrick wrote, "The Billerica Energy Center will be a clean-burning natural-gas facility that will operate in the daytime hours." If that is the case, why does the Environmental Impact Report (EIR) filed by the plant's proponents with the Massachusetts Environmental Policy Act office (MEPA) contain this clause on page 2-2, "The site will have a 500,000 gallon tank to store ultra low sulfur diesel fuel for back-up use in the case of lack of economic supply or an interruption of the natural gas supply."? Does this mean the only criteria to determine fuel use will be financial impact to the company? Would the proponents please define what "lack of sufficient economic supply" means? Also if the plan is to only run during the day, why are the proponents asking to be permitted for 2,300 (out of a possible 8,760 total hours in a year) hours of operation? Why does a plant that is supposed to serve as a "back-up" or "insurance policy" need so many hours? What is the incentive for the plant to be permitted for all those seemingly unnecessary hours? Would the proponents be willing to agree to hours of operation and consecutive hours restrictions? Mr. Fitzpatrick's letter informs us that this plant will be supervised by personnel at a facility in Lowell and not on site 24/7. In the post 9/11 world we live in, is this the best possible practice for keeping our residents safe? Be advised that the plans for this plant call for 50,000 gallons of ammonia and 500,000 gallons of diesel fuel to be stored less than 750 feet from the Concord River. Should the residents of Billerica feel safe knowing the purity of the Concord River is being guarded by computer screens from miles away? Have any specific safety/risk management plans been filed with the state or town? Mr. Fitzpatrick writes that, "We will use water for air quality control, which will come from the Billerica wastewater treatment facility supplemented by Billerica municipal water supply." The proposed plant has requested the use of 60 million gallons of water per year. Have any formal agreements been reached with the appropriate town officials authorizing this usage? How can town drinking water be used, even as a back-up, while we are operating under the terms of a stage II water ban? How can permit decisions on air quality be made on the plant without knowing if they have secured the water source they need for pollution control? Finally, Mr. Fitzgerald gives the impression that $30 million to the town over the next 20 years is a generous benefit to the town. While we appreciate the need to look for ways to expand the town's tax base, we dismiss the notion that the money is worth the risk posed to the town and its residents. Whether it is $30 million or $30 billion in revenue, the health and well-being of the residents of Billerica (and the surrounding communities who will receive no tax revenue should the project be built) do not have a price tag. We hope that by writing this response letter we have shown that opposition to this plant is not grounded in NIMBY-ism or overly idealistic environmentalism, but rather that it is grounded in our fact-based concern for the health and safety of our residents and our environment. Frankly, too many questions remain unaddressed by the proponents and the answers they do choose to provide are troubling, to say the least. The time is now to protect the character and integrity of our communities. We strongly encourage residents to contact town officials to ask questions, demand answers, and express your opposition to this project. Rep. William G. Greene, Jr. is a state representative serving Billerica and Marc Lombardo is vice chairman of the Billerica Board of Selectmen. Billerica Supports Rubbish-Control Law Billerica - Town Meeting adopted a rubbish-control bylaw (read text of bylaw) proposed by Selectman Marc Lombardo by an overwhelming 108-37 vote last night. The bylaw, which had been amended from its first printing to address concerns raised by the Board of Health and Rules Committee, addresses littering and proper solid-waste storage as well as the appropriate length of time that a sign advertising an event, such as a yard sale or fair, may be posted. The intent of the bylaw, Lombardo said, is to address the issue of trash strewn around town from playing fields to business parking lots and yards that he heard countless residents complain about during the neighborhood meetings Town Manager Rocco Longo held last year. He said it also gives the town "some teeth" to enforce proper rubbish disposal. Town Meeting representative Arthur Torrey took exception to one section of the article that states that signs used to advertise a specific event must not be posted more than five days before the event, excluding government and school-related signs. "I do not see any reason why government and school events should have special privileges over private citizens," he said. "That is unequal treatment." Lombardo answered by saying the intent of that provision was to exclude signs such as those announcing the town's mandatory water ban. A violation of the bylaw will result in a written warning or a $100 fine for the first offense, a $200 fine of the second offense, and a $300 fine for each subsequent offense. If the violation continues, each day shall be considered a separate offense. Those who break the bylaw will be given 72 hours to make a good-faith effort to correct the violation. In other business, the $328,956 left in free cash was transferred to the Land Bank account by a resounding 157-1 vote, amending the total in that account to $388,956. The final vote followed several failed amendments and a failed motion to move the entire free-cash balance into the stabilization fund. Finance Committee Chairman Dave Gagliardi explained that the Land Bank is a fund under the umbrella of the stabilization fund. Both accounts can be used for any lawful purpose. Therefore, if all of the money were placed into the Land Bank account and the town then faced a disaster and needed to access the cash, it could be done for purposes other than to purchase land. "Putting the money into the Land Bank indicates our intent," said Town Meeting representative Cosmo Cavicchio. "In past years, if we had control over certain lands, we would not have such a development problem." Town Meeting will continue Thursday at 7:30 p.m. The usual continuation day, Tuesday, was bypassed because of a special election to fill the 5th Congressional District seat. Cleaning Up Billerica A new bylaw aimed at reducing refuse is among the 37 articles which residents will decide on at the Fall Town Meeting. Selectman Marc Lombardo (read text of proposed bylaw), the writer of this proposal, said he was inspired during a Town Manager Community meeting last fall, where he heard numerous complaints about trash being left in public places and outside homes around town. “I often heard complaints about trash in the fields,” Lombardo said. “There were complaints about neighbors with lawn mowers and gas cans on their front lawns.” Currently, the town has no rubbish-control bylaws. Lombardo’s proposal makes it unlawful to discard trash in any manner or amount on public or private property, except in a trash can. The proposed bylaw also covers signs, leaflets, and construction or demolition projects. Household and commercial waste containerization and removal is also covered under this bylaw. A written violation will be issued for the first offense, and if the problem is not resolved within 36 hours, a fine of $50 will be issued. This fine will continue every day until the trash is removed. “Now we have some teeth,” Lombardo said. “This is not to put a burden on anyone, but to help the town stay clean.” Billerica has curb-side trash removal, and recently started a new recycling program. Town Meeting will take place on Tuesday, Oct. 2 at the town hall at 7:30 p.m. and subsequent Thursdays and Tuesdays until all the articles have been voted on. There will also be several big-budget items at the meeting. The school committee has put forth an article to transfer almost $1.5 million for new equipment, personnel and a much-needed $500,000 for the town’s special needs out-of district placement. “We knew we were going to go into this year with a negative circumstance,” said Superintendent Anthony Serio. Residents will also be asked to vote on monetary transfers for the town’s capital budget and an almost $1 million expenditure for road improvements. These will come from Chapter 90 funds from the state. The final amounts for these articles were not available as of press time. Any bylaws which are passed at Town Meeting must first go to the Attorney General’s office for final approval. Along with a new trash removal bylaw, the warrant includes a proposed bylaw to manage stormwater flow in the town. This includes measures to prevent pollutants form discharging into the town’s water supply, include soil corrosion control measures into site design and construction processes, and prevent flooding. The following is an abbrievated list of the articles that will be voted on at Town Meeting. A complete list can be found at the town hall. For more information, call 978-436-9500. Article 1- To appoint one member to the Bower’s Fund. Billerica Neighborhood Meetings First Meeting (Center of Town Residents) Second Meeting (East Billerica Residents) Third Meeting (North Billerica Residents) Fourth Meeting (Pinehurst Residents) Fifth Meeting (West Billerica Residents) Amid Flap, Billerica Steps Back From Anti-Bigotry Effort Billerica - Town officials agree that Billerica is no place for hate. But they won't sign on to the Anti-Defamation League's program until the national organization supports a congressional resolution recognizing the WWI-era Armenian genocide. "There could be one (Armenian) in Billerica and that is enough for me," Selectman Jim O'Donnell said this week. Selectman Marc Lombardo called the ADL's position "quite unconscionable." Billerica had approved a proclamation joining the No Place for Hate anti-bigotry campaign in 1999, but it never went any further. Earlier this summer, Town Manager Rocco Longo, who has experience with the tolerance program in Duxbury, began looking into revitalizing its principles in Billerica. On Aug. 29 he held a meeting with 25 residents and town leaders to get the ball rolling and was told by ADL Program Director Myriam Zuber that the previous proclamation will need to be re-voted by selectmen. Controversy began to swirl around the ADL last month when Watertown, hometown to more than 8,000 Armenian-Americans, severed its participation in the No Place For Hate program, citing the Jewish organization's failure to recognize the massacre that from 1915 to 1923 resulted in the deaths of 1.5 million Armenians at the hands of Ottoman Turks. The flap led to the firing of ADL New England regional director Andrew Tarsy, who called the national organization's stance "morally indefensible." He was rehired days later amid a public outcry. Following Watertown's lead, several other towns including Acton, Arlington, Newton and Newburyport pulled their participation in the program. The bad publicity led ADL National Director Abraham Foxman to issue a statement that said the organization had "decided to revisit the tragedy that befell the Armenians." He went on to say that the actions of the Ottoman Empire against the Armenians were "tantamount to genocide," however, he added the ADL will not support a congressional resolution officially recognizing the genocide. "A congressional resolution on such matters is a counterproductive diversion and will not foster reconciliation between Turks and Armenians and may put at risk the Turkish Jewish community and the important multilateral relationship between Turkey, Israel and the United States," Foxman wrote. Local Armenian-Americans have called Foxman's statement a political copout and confusing. "It is very difficult to understand Foxman, who is a Holocaust survivor," said Aram Jeknavorian, of Pelham, co-chairman of the Armenian National Committee of the Merrimack Valley. "The surprising thing is that it is that kind of denial that caused the terrible situation he and other Jews found themselves in, in Europe." Jeknavorian added that he is very pleased with the response of many grassroots Jewish organizations, who have supported the Armenians. They, he said, were caught as off-guard on the ADL's position as anyone else. "I commend the Billerica selectmen," he said. "The principles of the ADL have been excellent over the years, it is the policies at the higher level of the organization that are a problem." Longo asked selectmen to wait to make any moves until representatives from the ADL are able to meet with the board. "I think they are moving to reverse their position nationally," he said, adding that it is "critical" for the town to embrace the philosophy of the program, whether through No Place for Hate, or a similar campaign. "We are certainly committed to the theory and intent (of the program)," said Selectwoman Kathy Matos. Selectmen voted unanimously Monday night to strike the 1999 proclamation from their policy book, but to keep a statement proclaiming the town's zero-tolerance stance on hate crimes. New Trash Policy To Take Affect October 1, 2007 Follow this link to read a press release from the Town of Billerica explaining the changes. Plan Would Hike Billerica Sewer Fee To $1,000 Billerica - For years, it has cost $25 to tie in your single-family house to the town sewer system. That bargain could end as Town Manager Rocco Longo and his administrative team look to increase fees for everything from construction permits to hearings before some public boards. Fees for residential sewer tie-ins would rise to $1,000. Longo said many of the municipal-user fees charged by Billerica are far less than those charged in other towns, leaving a source of revenue underutilized. "Twenty-five dollars was probably something charged 20 years ago," said Longo. "And $1,000 doesn't put us in the high end of the spectrum compared to other communities." Tie-ins for commercial properties will rise from $200 to $2,000. The $1,000 fee would put Billerica in line with Wilmington, which charges a $1,025 tie-in fee for single-family homes. Tewksbury, which, like Billerica, is in the midst of a decades-long master plan to install sewerage throughout the town, charges a $3,000 tie-in fee for single-family homes. In Chelmsford, the permit is a bargain at $150. Above that, however, there is a $5,000 betterment fee charged to residents that tie in to a newly laid sewer line, and that fee will soon increase to $5,500. The fee can be paid over 20 years. State law dictates that fees cover the cost of the service for which they are charged, but Selectman Marc Lombardo thinks such a drastic jump is unfair to residents, who are required by town bylaw to tie in to the town sewer system if a line is installed in front of their house. "Taxes have gone up 50 percent in the past six years. Let's give our residents a break," he said. "That is an outrageous jump, from $25 to $1,000 for a tie-in fee. It will make it a burden for many people to tie in." Longo explained that the fee needs to cover the cost the town incurs to connect the main sewer line to the property line. "What we take in from sewer fees doesn't come close to covering or expenses," said Wastewater Division Superintendent Lorraine Sander. "A lot of Billerica is built on a flood plain. The work is tough and septic tanks are not going to cut it." In her mind, the $25 fee is outdated. "People don't realize what is involved in wastewater. They just think they flush and that's it," Sander said. "It has been an incredible bargain here and we need to catch up." Selectmen are expected to discuss the proposed fee increases at their Sept. 10 meeting. Among the fees increases proposed by Longo:
Round 2 For Home Depot Proposal - New Plan Unveiled For Billerica Mall Billerica - Selectmen had their first glance at a revised $20 million plan to revitalize the 30-year-old dilapidated Billerica Mall last night, which the proponent said takes into account several of the concerns brought up by residents during the proposed mall renovation's last go-round. That proposal ended in a withdrawal of the plan in December following nearly a year of contentious Planning Board hearings. The new proposal includes the elimination of the Burlington Coat Factory to make way for a 133,000-square-foot Home Depot. Attorney Steve Lentine, representing mall developer FB Billerica Realty, said Burlington Coat Factory decided not to renew its lease. The new proposal calls for the section of the L-shaped mall between Kmart and the Burlington Coat Factory, which currently houses Papa Gino's and an interior ghost town of small boarded-up shops, to be torn down. In its place would stand a 28,000-square-foot garden center. The section of the plaza between Burlington Coat Factory and Market Basket, which includes Lincoln Liquors, will be torn down and replaced by parking spaces. Additional retail space, including a 13,900-square-foot area, which Lentine said could materialize into an expansion of the smallest of the town's three Market Basket stores, and a 17,618-square-foot building broken into up to six small shops, will be attached to the other side of the grocery store abutting Tower Farm Road. Additionally, a 3,000-square-foot retail structure, broken into up to two small shops, is slated for the parking lot, close to Boston Road. Additionally, several plantings have been added throughout the vast 1,199-space parking lot that will make it easier to navigate, as well as additional drainage. "All in all, it is a better design," said project engineer Tim Williams. Lentine said one of the issues opponents had with the original revitalization plan was that the mall was being removed to make way for big box stores, pushing out small retail. The latest plan creates several spaces for new small stores, while leaving spots for the existing tenants and creating 150 new jobs at the Home Depot. The wide-open parking lot, which Lentine compared to the "wild west" is slated to be completely redone, with new lighting, draining, islands and striping. Selectman Marc Lombardo disagreed with Lentine's statement that the residents' main concern was the lack of small retail space. "The criticism from the residents was that they did not want a Home Depot, a massive hardware store, in the center," he said. "I'm not very excited about this." He added that he did not think residents on Tower Farm Road will be pleased with additional retail space close to their neighborhood. Last night's presentation was merely a courtesy to selectmen, who have no say over the project. Proponents will be before the Zoning Board of Appeals on Sept. 5, requesting green space and other waivers. Lentine said he expects to be back before the Planning Board by late September or early October. Trash Policy Takes A Hit Billerica - A plan to overhaul the town’s trash and recycling pickup policy hit a snag Monday, as a proposal to limit municipal pickup to one and two-family homes prompted protests of discrimination against condominium owners. The Board of Selectmen voted 3 to 2 to postpone the section addressing trash and recyclable removal from residences to board’s second meeting in October, in order to make time to consult town counsel, hold neighborhood forums and explore other means of finding a fair solution. Selectmen Chairman Michael Rosa and Selectman Kathy Matos cast the dissenting votes. Both Rosa and Matos s expressed concern that allowing trash pickup at condominium complexes might override rulings made by the Zoning Board of Appeals and agreed to by developers during the approval process. Selectmen have the option of making a decision on the policy before the October meeting if a solution is reached earlier. The vote came after three hours of debate with sometimes-tense exchanges over past Zoning Board of Appeals rulings that make the removal of trash the responsibility of owners or developers in some complexes, most of which were built under the auspices of state law Chapter 40B. But some condominium owners said compelling them to pay for trash pickup would pose a hardship and deprive them of a service their taxes fund and that other homeowners receive. The conflict stems in part from a town counsel ruling declaring that although the Board of Selectmen appoints members to Zoning Board of Appeals, it cannot arbitrarily override the ZBA’s decisions. At the same time, the town must implement policies that do not discriminate, town counsel also ruled, raising concerns for some that denying trash pickup to condominium owners might do just that. “We’re imposing costs on them and making Billerica a little less affordable,” said Selectman Marc Lombardo. However, some board members expressed concern that extending trash and recyclable collection would overstep the Zoning Board of Appeals in cases where the board ruled that owners or developers were responsible. “I’m not inclined to do anything but support the Zoning Board of Appeals decisions,” said Matos. She disagreed with suggestions that denying trash collections to condominium owners would make them second-class citizens. Zoning Board of Appeals member Joseph Shaw expressed frustration, saying, “I get tired of people trying to second guess what the board does when they don’t attend a single hearing.” He added, “I pay for sewer on my taxes, but I’m not on sewer.” Town Meeting Representative Lorraine Lally, a condominium owner in a the Plaza Place complex on Kenmar Drive, said, “I have attended numerous Planning Board and Zoning Board of Appeals hearings,” and presented the selectmen with a petition signed by condominium residents. “We pay taxes. We do not want trash pickup taken away from us,” said Lally, who with other condominium owners said removing trash pickup would place a financial hardship on condominium residents, including some with limited incomes. She said 292 residents live in the condominium complexes on Kenmar Drive and said the complex as a whole has been diligent about putting out recyclables for collection. Lally said past Town Manager Richard Montuori had agreed to town trash and recyclable pickup at the condominium complex, an agreement board members who served during his tenure said never came before them. Finance Committee Member and condominium owner Rino Moricone, who lives at Concord Crossings off River Street, made a lengthy presentation in which he suggested a state health regulation governing municipal services may supercede ZBA rulings. Town Counsel Donna Cohen said she wasn’t prepared to offer an immediate ruling on Moricone’s findings but said she would research it along with the growing slate of questions selectmen have in their search for a resolution to the debate. The board has been working on a final version of an overall policy for trash and recyclable removal. Town Manager Rocco Longo, Department of Public Works Director Abdul Alkhatib and Carolyn Dann, the regional solid waste coordinator for the state Department of Environmental Protection, presented selectmen with the revised policy, which spells out goals for complying with DEP waste ban regulations and the town’s mandatory recycling law. As of Oct. 1, Allied Waste Management, the town’s trash contractor, will no longer be able to collect any trash items that are visibly recyclable. Town officials hope to save as much as $240,000 savings each year through increased recycling and decreased amounts of trash to be removed. The board did approve a fee schedule for the collection of so-called white goods, such as refrigerators, air conditioners and dehumidifier, and computers and so-called bulky items, including washers, dryers and stoves. The board said this aspect of the policy is part of a regional effort to equalize removal fees in seven other contiguous communities, to help reduce the dumping of items from one town in another town. Lowell Sun - June 19, 2007 Billerica -- Amid protests from angry condo owners, selectmen agreed last night to postpone voting on a proposal that would limit municipal trash pickup to only single and two-family homes. Department of Public Works Director Abdul Alkhatib estimated that the new policy would save the town more than $100,000 annually in solid-waste disposal fees, while bringing the town in compliance with state law. Currently, 11 multiunit developments, mostly affordable-housing projects, as a condition of their comprehensive permits granted by the Zoning Board of Appeals, do not receive municipal trash pickup. Town Counsel Donna Gorshel Cohen told selectmen they cannot override decisions of the ZBA and it is illegal for the town to treat housing complexes differently by collecting trash at some, but not others. Additionally, the town is under no legal obligation to provide trash collection to multifamily developments. "We shouldn't be trying to save a buck on the back of the taxpayers," said Selectman Marc Lombardo, arguing that residential taxpayers should benefit from the same level of service, regardless of whether they live in a single-family home or a condominium. Cohen said that although ZBA decisions cannot be overturned by selectmen, individual condo associations could petition the ZBA to amend its original decision. "We pay taxes and do not want our trash pickup taken away from us," stated Lorraine Lally, a trustee of the 292-unit Plaza Place Condominium Association on Kenmar Drive, adding that former Town Manager Richard Montouri granted the complex municipal trash pickup. The complex recently added six Dumpsters to accommodate the once-a-week trash collection, and has received estimates of $26,000 to $36,000 annually for private trash services. Several residents of developments on Kenmar Drive, as well as Concord Crossings and Swanson Meadows said they felt they were being treated as second-class citizens and could not afford to pay for private trash collection. The discussion was postponed until October, to give officials time to do more research and hold some public work sessions to possibly find a compromise. In a related move, selectmen voted to enforce mandatory recycling and increase fees for the disposal of white goods and bulk items. As of Oct. 1, Allied Waste will no longer collect visible recyclables as trash, which is estimated to save the town $70,000 to $140,000 annually. Fees to dispose of items such as refrigerators and air conditioners will increase to $25, while fees on items such as stoves, washing machines and computer monitors will increase to $10 per item, saving the town an estimated $25,000. WIFI Committee Finalized Billerica - A committee charged with exploring the possibilities of town-wide wireless Internet service received more-than-anticipated responses from residents asked to join the group, as selectmen appointed members during their Monday night meeting. The Board of Selectman ended up receiving seven applications for two openings from residents wanting to be a member on the committee, with backgrounds ranging from electrical contracting to civil engineers to software developers. Selectman appointed electrical contractor Daniel Venezia and tel-data contractor John Buckley as resident members on the committee. The remaining five applicants will be placed as alternates, who will act during discussion as active members, but will not have voting rights unless needed. They are engineering technician James Coakley, business owner Daniel Strollo, electrical contractor Lou Antonellis, civil engineer Robert Hillson, and system administrator Richard Hajinlian. “We’re going to need all hands on deck,” Selectman Marc Lombardo said about the need for alternates. As first proposed by Lombardo, town-wide wireless system could offer residents and businesses another option for broadband Internet and give budgetary benefits to the town, both of which will be main discussion topics in the committee. According to Lombardo*, the cost of the infrastructure to the town would be zero and town safety departments would receive Internet service for free. The committee requires involvement from a selectman, a School Committee member, a member of the fire department, a member of police department, a member to represent the town manager, and two residents. Already appointed to the committee are Lombardo, town manager appointment Marc Velez, school technology director Salah Khelfaoui, fire dispatcher Diane Deloge, and Police Sgt. Greg Katz. * Webmaster's Note - The Billerica Minuteman in the above article misinterpreted Selectman Lombardo's remarks. As explained to the Board of Selectmen, there are various options on how to execute municipal WIFI in today's market. Selectman Lombardo noted that the Town of Brookline was able to use an approach that required no cost for infrastructure and had the benefit of free municipal internet access. This is an option that could be explored by the Billerica WIFI committee, but it is not the only option available to the town. As with all options, there are pros and cons that need to be evaluated for the best possible solution for the Town of Billerica. Keep Budget Lean Billerica selectmen will be making a mistake if they support Town Manager Rocco Longo's proposal to use half of the town's anticipated state aid increase to restore positions to local government. A little more than a month ago, Billerica officials made a necessary and appropriate decision to slash 5.5 percent from the general budget to accommodate rising costs. They tried to avoid personnel reductions, but some had to be cut. It was a difficult decision, but sacrifices must be made. Last week, however, Longo proposed using more than half of the anticipated $400,000 increase in state aid to fill positions, including a part-time clerk in his office, a senior clerk in the collector/treasurer's office, a junior civil engineer, two water-systems maintenance craftsmen and a sewer-system maintenance craftsman. We might understand if Longo suggested filling positions that supply direct services to residents, but there is no need to fund clerical positions that he has already determined the town can live without. It was long predicted that fiscal 2008 would be a difficult budgetary year and reductions in state aid only exacerbated the problem. Nearly every Massachusetts community is struggling with budget woes, including Billerica, Tewksbury, Lowell, Chelmsford and Dracut. Most have made deep budget cuts and increased taxes to make municipal ends meet. So, it makes little sense for Longo to fill positions that may have to be cut next year if a similar boost in local aid fails to come through. Doesn't it make more sense to bite the bullet this year and, hopefully, put the town in a better financial position for next year and the year after? Selectman Marc Lombardo was right to speak against the hirings, pointing out that the town would be better served if the money were used to fund capital budget requests that have been neglected in recent years. Unfortunately, Lombardo's motion to use the money for capital purchases failed by a 4-1 vote. The board voted, again 4-1, to approve the new bottom-line budget Longo brought forward, but have yet to work out the details of how the additional funds will be expended. We urge selectmen to put the money toward one-time costs or to put it in the town's stabilization fund. |